People v. Hubbard

We are called upon in this appeal to provide standards to guide a trial court in deciding whether to grant a hearing to review allegations set forth in successive Crim. P. 35(b) motions for post-conviction relief.

The trial court ruled that the violations of constitutional rights which were alleged in Hubbard’s sixth motion for post-conviction relief were part of five previous Crim. P. 35(b) motions and that Hubbard was barred from seeking further relief under Crim. P. 35(b). We affirm for the reasons set forth in this opinion.

On July 18, 1962, an information was filed charging Hubbard with…